High court rules high-ranking officials immune from defamation claims

Dec. 25, 2013

Zoyle Jones

Written by

Chas Sisk

The Tennessean

Former Tennessee Department of Correction Commissioner George Little

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The Tennessee Supreme Court has thrown out a lawsuit involving a former state commissioner, ruling that high-ranking officials are immune from defamation claims.

In an opinion issued Monday, the court ruled unanimously that Zoyle Jones, the one-time head of the Tennessee State Employees Association, could not sue over interviews Correction Commissioner George Little gave to reporters after Jones was demoted for breaking the state’s expense reimbursement rules.

Justice Sharon G. Lee wrote that senior officials would be reluctant to speak with the media if they could be sued for slander or libel. Judges and state legislators already are immune from defamation suits, Lee said.

“This ruling allows cabinet-level officials to perform their governmental duties free from legal harassment and uninhibited by the fear of potential lawsuits arising out of their job-related speech,” she wrote.

The suit, Zoyle Jones v. State of Tennessee, stems from Little’s response in the summer of 2009 to media inquiries about Jones’ demotion and eventual resignation from the Department of Correction after 27 years with the state.

Jones, who served simultaneously as TSEA president and as director of classification programs within the Department of Correction, was accused of receiving mileage reimbursements from both the state and TSEA for 12 trips between 2004 and 2008.

After an investigation, Jones admitted in February 2009 that he had been reimbursed twice at least on some occasions. He was demoted to a correctional counselor position and reassigned to the Tennessee Prison for Women. Jones resigned from the state and was suspended by the TSEA. He sued the association for reinstatement after prosecutors determined that he had broken no laws.

Jones also sued the state, asking for $300,000 in damages and claiming he had been defamed when Little released two letters and spoke to the media about his case. The Tennessee Claims Commission sided with Jones, saying it did not have the legal authority to grant officials in the executive branch immunity from defamation suits.

In its 5-0 ruling, the Tennessee Supreme Court overruled the Claims Commission. Lee said case law dating back as far as 16th-century England has held that judges cannot be sued for defamation for statements made in court. Similarly, the Tennessee Constitution protects state lawmakers’ statements made while conducting their duties.

Lee then turned to U.S. Supreme Court rulings and cases in other states to argue that the same protection should be extended to high-ranking officials in the executive branch.